PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
ACTION – NIGERIAN CASES ON LITIGATION/PRACTICE/PROCEDURE ISSUES – 7
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| OGUNLADE V. ADELEYE |
ACTION:- Limitation of actions – Enforcement of previous judgment – Action for – Limitation period – How calculated. ACTION:- Limitation of actions – Limitation Law, Cap. 64, Laws of Western Nigeria 1959, Section 4(4) – Application and scope of. |
| OGUNLEYE V. ONI | |
| OGUNSOLA VS.ALL PEOPLES PARTY (APP) |
ACTION:– Commencement of action – commencement by originating summons where facts are disputed – propriety of. ACTION:– Venue of an action in the High Court – how determined. |
| OHAKANU V. NLEMAGU | COURT – ACTION – VISIT TO LOCUS IN QUO:– Locus in quo – court’s refusal of application to visit locus in quo in a land matter – visit not crucial in resolving any issue before the court – whether refusal prejudicial to the appellants’ case. |
| OJEGBENDE V. ESAN | ACTION – JUDGE:- Allegation of impropriety made against Judge in sworn affidavit – Affidavit served on him – Judge not filing counter-affidavit in denial – Whether proper. |
| OJIKUTU V. DEMUREN | ACTION – DAMAGES – Purchase of land – Breach of express covenant for indemnity – Quantum of damages. |
| OJINI V. OGO OLUWA MOTORS NIGERIA LTD |
ACTION:- Action for conversion and action for trespass to chattel – Distinction between. ACTION:- Conversion – Cause of action in conversion -What constitutes – When accrues – Ingredients of. |
| OJO OGBEMUDIA EHOLO V. J. B. EKHATOR | ACTION – Distinction between “an issue” “the issue” in a case |
| OJOGBO V. ITSEKIRI COMMUNAL LAND TRUSTEES | ACTION:- Civil Procedure – Claim for entitlement of money deposited in court – Commenced by originating summons – Propriety of |
| OJOGBUE AND ANOTHER. V. NNUBIA AND OTHERS. | ACTION:- Claim for declaration of title, damages for trespass – Injunction – How treated |
| OJOMO V. INCAR (NIG.) LTD. | ACTION:- Heading of action – Plaintiff doing business under business names giving rise to action – Need to reflect business names in heading. |
| OJONG V. DONALD ETIM DUKE | ACTION – Commencement of action in the manner and form provided for by enabling statute – need for counsel to comply therewith.
ACTION – Legal actions – need for same to be exact and precise. |
| OJORA V. BAKARE | ACTION – Application for extension of time within which to appeal – Application: was over 3 years out of time. |
| OKAFOR In Re ONYEKWERE | ACTION – CERTIORARI – Grant of – Whether confined only to excess of jurisdiction – What constitutes record – General guiding principles.
ACTION:- CERTIORARI – Use of – Advantages. |
| OKAFOR V. A. C. B. LTD. |
ACTION:- Third party proceedings – Contribution order against 3rd party. ACTION:- Claim for money lent by bank to defendant – Settlement of purchase price for goods bought – How treated |
| OKAFOR V. NNODI | ACTION:- Retrial – When it would be proper for appellate court to order retrial – Award of Costs – relevant considerations |
| OKAFOR V.A.G. ANAMBRA STATE – CA | |
| OKAFOR V.A.G. ANAMBRA STATE – SC | |
| OKOGERI C. LINUS & ANOR V. IKORO OGBONNA KINSLEY & ORS | ACTION – PLEADINGS: Whether parties are bound by their pleadings |
| OKPE URHOBO COMMUNITY V. D.O. OGHENE & ORS | ACTION:- Representative capacity – Guidelines for suing in a representative capacity – Whether need for authority |
| OKWARA AGWU & ORS V. JULIUS BERGER (NIG) PLC | ACTION – AWARD OF RELIEF: Whether a Court has power to award to a claimant or grant a relief that which he did not claim |
| OLALOMI INDUSTRIES LTD. V. NIGERIAN INDUSTRIAL DEVELOPMENT BANK LTD. | |
| OLAZI INTL. COMM. CO. NIG. LTD V. CHUKWUMA-MACHUKWU UME | ACTION – UNDEFENDED LIST PROCEDURE: whether it is imperative and expedient for the trial court to allow for the full examination of the merits of the case-what an affidavit disclosing a defence on the merit means |
| OLUFEMI ADENIYI & ORS V. HERBERT ADEYINKA ADEOLU OYELEYE & ORS | |
| OPEBIYI V. OSHOBOJA AND ANOTHER . | ACTION:- Application for substitution – Respondents representing Koaki Family died – Application for extension of time within which to appeal and leave to appeal granted against – dead and non existent respondents – Application opposed by person sought to be joined |
| OSAYAMEH VS.INSTITUTIONAL INVESTORS LTD | ACTION:– Party to an action – who may be a party – test for determining same. |
| ORAGBADE V. ONITIJU | ACTION:- Civil Procedure – Legal Capacity – Representative action – Authority to institute – Representative plaintiff – Whether leave to defend counterclaim necessary – WA High Court (Civil Procedure) Rules, 0.7, r.7, 0.20 r.3. – Rules of Supreme Court of judicature (England), 1883, 0.16, r.9 – Representative Suit Persons having common interest in the cause or matter – Meaning of |
| OSUJI V. OGUALAJI | ACTION:- Substitution of plaintiff – party substituted for the original sole plaintiff after the latter’s |
| OUR LINE LIMITED V. S.C.C. NIGERIA LIMITED & ORS. | ACTION – PLEADINGS: Whether an unpleaded or untendered gazette is relevant to the determination of an issue on the gazette |
| OVENSERI V. OSAGIEDE | ACTION – Representative action – When permissible – When not permissible – General governing principles. |
| OVERSEAS CON. CO. LTD. V. CREEK ENT. LTD. | ACTION:- Joinder of parties – Application by third party to join as defendant – When will not be allowed by court |
| OXNARD FINANCING SA V. RAHN AND OTHERS | ACTION:– Parties to an action – Description of parties – Defendants sued as individual partners in Swiss general partnership – Partnership being separate entity but not a corporation under Swiss law – Whether defendants could be sued as individuals – Whether partnership should be named as defendant. |
| OWE V. OSHINBAJO | ACTION – Judge creating an issue for himself and thereon giving judgment without hearing patties. |
| OWENA BANK LIMITED V. NIGERIAN SWEETS AND CONFECTIONARY CO. LTD. |
ACTION:- Conversion – Claim in – Nature of – When action will lie in it. ACTION:- Conversion – Meaning of – What amounts to. ACTION:- Conversion – Whether negligence is relevant in considering liability therefor. |
| OWENA BANK NIGERIA PLC V. ADENIYI ADEDEJI | ACTION:– Quantum Meruit – meaning of – when a party can make a successful case in |
| OWNERS OF THE M.V. FORTUNATO V. OWNERS OF THE M.V. AFRICAN HYACINTH | ACTION:- Action struck out – propriety of bringing a fresh suit instead of refiling the action – relevance of motive in determining the validity of the fresh action. |
| OWNERS OF THE M V. ARABELLA V. NIGERIA AGRICULTURAL INSURANCE CORPORATION | ACTION – WRIT OF SUMMONS: Issuance and Service of a Writ. |
| OYAH V. IKALILE | ACTION:- Parties – Parties before Native Court or Tribunal – How determined – Whether suing in representative capacity – Relevant consideration. |
| OYEKAN V. B. P. NIGERIA LTD. | Civil Action – – Summary judgment – Undefended list – Nat-suit – Appeal to vary judgment – Suing in wrong capacity. |
| OYEYEMI V. COMMISSIONER FOR LOCAL GOVT. | ACTION:- Death of party to an action – Effect – When cause of action survives – When it does not. |
| P. C. ENYE V. KEVIN OGBU | ACTION – UNDEFENDED LIST PROCEDURE: Whether where a court fails to ascertain whether the plaintiff’s action discloses a prima facie case to warrant its being placed on the undefended list, the court lack the competence to hear the action |
| PASTOR SAMUEL KARIMU & ANOR. V. LAGOS STATE GOVERNMENT & ANOR. | ACTION – PLEADINGS: What is the implication of evidence that is at variance with the pleadings |
| PATRICK A. ABUSOMWAN V. G.O. AIWERIOBA & ANOR | ACTION – RE-TRIAL: When an order of retrial can be said to be inappropriate
ACTION – RE-TRIAL: When order of retrial is made |
| PATRICK IZUAGBE OKOLO & ANOR. V. UNION BANK OF NIGERIA LIMITED |
ACTION – PLEADINGS: When will a court refuse to allow a party to amend its pleadings. ACTION – PLEADINGS: Under what circumstance will the court allow a party to amend its pleadings. |
| PDP & ORS V. CHIEF (ENGR.) ADEBAYO DAYO & ANOR | |
| PETER ADEBOYE ODOFIN & ANOR V. CHIEF AGU & ANOR |
ACTION – CLAIMS/RELIEF: Proper attitude of court to reliefs claimed by litigants ACTION – RELIEF: Whether relief not sought by parties can be granted and the effect when court grant same |
| POPOOLA BAMGBEGBIN & ORS V. JIMOH ATANDA ORIARE & ORS. | ACTION – PLEADINGS: Effect of an averment in a statement of claim not established by evidence and not clearly admitted |
| PRINCE NGENE V. CHIKE IGBO & ANOR | ACTION:– Trespass – whether success of an action in trespass is hinged on possession. |
| PRINCEWILL EYO ASUQUO & ORS. V. MRS. GRACE GODFREY EYO & ANOR | |
| PROFESSOR A.B. FAFUNWA V. BELLVIEW TRAVELS LIMITED | |
| PROFESSOR T.M. YESUFU V. GOVERNOR EDO STATE AND VISITOR, EDO STATE UNIVERSITY | ACTION:- Locus standi in an action – how determined. |
| PROPHET IFEANYI EMEAGWARA V. STAR PRINTING AND PUBLISHING COMPANY LIMITED(SC) | ACTION:- Action for Libel – when malice is raised to substantiate defamatory publication – on whom onus of proof lies thereof. |
| PURIFICATION TECHNIQUE NIG. LTD. & ORS. V. RUFAI JUBRIL & ORS. | ACTION:- responsibility of party who institutes a civil action to plead the facts of the case and adduce evidence in support of the pleadings |
| RABIATU ADEBAYO V. RASHEED SHOGO | ACTION:- Litigation process – Need for parties to fully disclose facts – Duty on court to consider case put forward by parties – Effect of failure thereo |
| RAUFU ADESHINA V. INSPECTOR-GENERAL OF POLICE | ACTION:- Inconsistency between Law and the Rules made thereunder – Effect. |
| RICHARD EMEJUO NWOSU & ORS. V. GABRIEL N. NZEADIBE | ACTION:- conditions to be fulfilled in the service of Form 49 |
| SABALEMOTU AYINKE V. MUNIRU LAWAL AND OTHERS | ACTION – ILLEGALITY – Party seeking to benefit from own wrongful act – Whether will he aided. |
| SALZGITTER STAHL GMBH V. TUNJI DOSUMU INDUSTRIES LTD | ACTION –bindingness of pleadings- effect of averments not traversed by the defence |
| SAMSON OWIE V. SOLOMON E. IGHIWI | |
| SENATOR NKECHI JUSTINA NWAOGU V. HON. EMEKA ATUMA & ORS | ACTION – JOINDER OF PARTIES:- Whether the law gives right to any el – ACTION – Oil spillage – Action arising therefrom – Which court has jurisdiction to try and determine same – Present position of the law.ectorate who is expected to exercise his right to vote to join any suit involving dispute between the aspirants |
| SHELL PET. DEV. CO. (NIG.) LTD. V. ISAIAH | ACTION – Oil spillage – Action arising therefrom – Which court has jurisdiction to try and determine same – Present position of the law.
ACTION – Trial of an action – Where jurisdiction of court taken away during trial – Effect – Whether court can conclude trial. |
| SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED V. PRINCE OGAN MAFIMISEBI & ORS | ACTION – RELIEFS- whether court can grant reliefs not sought |
| SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED V. CHIEF TIGBARA EDAMKUE & ORS | |
| SHEMAR NIG. LTD V. MOKT INDUSTRIES LTD. | ACTION – CLAIM AND COUNTER CLAIM: Status of a plaintiff’s claim and defendant’s counter claim in an action – Proper treatment by court |
| SIR EMEKA OFFOR V. LEADERS & COMPANY LIMITED & ANOR. | ACTION – PENDING PROCEEDINGS: Whether parties can still settle dispute at any stage of pending proceedings before delivery of the judgment |
| SKENCONSULT NIGERIA LTD & ANOR V. GODWIN SEKONDY UKEY | ACTION – WRIT OF SUMMONS: Definition of “writ of summons” |
| SUNDAY APE V. DISU OLOMO | ACTION – COMMENCEMENT OF PROCEEDINGS:- competency of proceedings begun in a manner other than as provided by the Rules |
| SUNNY TONGO AND HELEN TONGO V. COMMISSIONER OF POLICE | ACTION:- No case Submission – Meaning and justification – when a person can be discharged as an an accused person on the ground that a prima facie case has not been made against him – need for court, upon a calm view of the whole evidence offered by the prosecution, to find there has been throughout the trial no legally admissible evidence at all against the accused person on behalf of whom the submission has been made linking him in any – way with the commission of the offence with which he has been charged, which would necessitate his being called upon for his defence – Secondly, that whatever evidence there was which might have linked the accused person with the offence has been so discredited that no reasonable court can be called upon to act on it as establishing criminal guilt in the accused person concerned – In the case of a trial by jury, that the case ought therefore to be withdrawn from the jury and ought-not to go to them for a verdict |
| THE OWNERS OF M. V.LUPEX V. NIGERIAN OVERSEAS CHARTERING AND SHIPPING | ACTION:- Stay of proceedings pending reference to arbitration – Principles governing – Power of court to grant – Nature of-How exercised – Relevant considerations. |
| THE REGENCY COUNCIL OF OLOTA OF OTTA & ORS. V. CHIEF OLUFEMI SODEINDE & ORS | ACTION – CONSOLIDATION OF ACTION:- fundamental principle of |
| THE REGISTERED TRUSTEES OF THE APOSTOLIC CHURCH V. | ACTION – PLEADINGS:- Purpose of pleadings – Duty of counsel settling pleadings to ensure the facts they intend to rely upon at the trial are pleaded – Amendment of pleadings – Proper time for same – When deemed belated |
| THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. KWAMEH AMBAH |
ACTION – PLEADINGS:- Guiding principles for amendment of pleadings ACTION – PLEADINGS:- Nexus between evidence and pleadings |
| THERHEMEN TARZOOR V. AGBOM A. AVINE & ORS | ACTION – STATUTORY PROCEDURE:- Whether where a legislation lays down a procedure for doing a thing there should be no other method of doing it |
| TIPTOP INDUSTRIES LIMITED V. BABATUNDE PINHEIRO | ACTION:- “Trial” – Meaning of |
| TONY ANOZIA v. MRS PATRICIA OKWUNWA NNANI & ANOR | ACTION – INTERLOCUTORY APPLICATION:- Competency of an interlocutory application which effect is to dispense with the substantive suit |
| TOTAL E & P NIGERIA LIMITED v. MR. NWANKWO EMMANUEL & ORS | ACTION – SERVICE OF ORIGINATING PROCESS: Effect of failure to serve a court process where service is required |
| TOTAL NIG. LTD. V. ELECTRIC AND MECHANICAL CONSTR. CO. LTD. | ACTION:- Property sold by Court order – Recovery of property – revocation of order for sale – How treated |
| TOTAL NIGERIA PLC V. BERNARD EFAKPOKIRE | ACTION:- Trespass – Action in trespass – Whether can lie against licensor exercising right to terminate license and enter into possession. |
| TOTAL NIGERIA PLC. V. VICTORIA ISLAND & IKOYI RESIDENTS |
ACTION:- Parties to an action – Non-joinder or misjoinder of parties – Effect – Whether fatal to proceedings. ACTION:- Right of action – Public nuisance – Who may maintain- When exercisable by private person. ACTION:- Right guaranteed under the Constitution – Infringement of – Person whose rights have been breached – Whether can sue government or its institutions – Whether requires consent of Attorney-General to so do – Present position of the law. |
| TOWN CLERK, L.T.C. V. CLEMENT | ACTION:- Parties to a suit – Incorporated party – Whether can be competently sued in the name of its officer |
| TRUSTEES OF THE DENNIS RYE PENSION FUND AND ANOTHER V. SHEFFIELD CITY COUNCIL | ACTION:- Statement of claim – Striking out – Private law action – Public law defence – Plaintiffs bringing action against local authority to recover sums due under improvement grants in respect of work to be carried out to houses to render them fit for human habitation – Local authority applying to strike out claims – Whether plaintiffs should have proceeded by way of judicial review – Whether claims should be struck out as an abuse of process – Housing Act 1985, s 189 – Local Government and Housing Act 1989, s 117(3). |
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